Legal Opinion

Van Woert v. Albany & Susquehanna Railroad

New York Supreme Court

Decided September 15, 1873Published

Appeal by defendant from a judgment rendered on the verdict of a jury, and an order denying a new trial. The facts appear in the opinion.

1Opinion of the CourtParker, J.

This is an appeal from a judgment in favor of the plaintiff against the defendant, rendered upon the verdict of a jury; also from an order denying a motion made upon the minutes of the judge for a new trial.

The action is upon a breach of a contract to receive and pay for a quantity of wood. The answer denies the making of any contract.

The contract, if one was made, was by parol, and, according to the, evidence on the part of the plaintiff, was for the sale and purchase of such quantity of wood as plaintiff could cut, not over 1,000 cords, at $3.50 per cord for hard wood, and $3 for soft. USTo…

2Cases cited4 opinions

  1. McKnight v. . DunlopNew York Court of Appeals · 1851
  2. Boutwell v. O'KeefeNew York Supreme Court · 1860
  3. Good v. CurtissNew York Supreme Court · 1866
  4. Weir v. HillNew York Supreme Court · 1870

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